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HTMLChina Issues Policies on Further Development of the Insurance Industry
Zhen Han, Jing Ye; Johnson Stokes & Master Mayer Brown JSM;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
The State Council of the People’s Republic of China has issued Several Opinions on Accelerating the Development of the Modern Insurance Industry (“2014 Insurance Opinions”), effective from 10 August 2014.

 

HTMLFlorida Office of Insurance Regulation Reviews Citizens Property Insurance 2014 Rate Filings
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
The Florida Office of Insurance Regulation ("OIR") held a public rate hearing for Citizens Property Insurance Corporation ("Citizens") today, August 27, 2014.

 

HTMLTwo Important Deadlines Approaching for Self-Insured Group Health Plans
Casey K. Fleming, Leigh C. Riley; Foley & Lardner LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
If you sponsor a self-insured group health plan, then November includes two important deadlines: (1) you must obtain a health plan identifier for your plan, and (2) you must report the number of participants for whom a transitional reinsurance fee is due.

 

HTMLFailure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 20, 2014
Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...

 

HTMLCourt Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...

 

HTMLInsurance Industry Sweeps Retained Asset Account Doubleheader
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...

 

HTMLCancelling Life Insurance Policies: Instruction on Cancellation Is Decisive
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
Whether a life insurance policy can still be cancelled years later depends to a large extent on whether the policyholder’s possibilities of cancellation were properly explained to him.

 

HTMLNAIC Ride and Car-Sharing Presentations From 2014 Summer National Meeting Special Forum
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
August 29, 2014, previously published on August 26, 2014
Issues surrounding commercial ride-sharing and car-sharing activities conducted by transportation network companies ("TNCs") were the focus of a special event held on August 16 by the National Association of Insurance Commissioners' ("NAIC") Center for Insurance Policy and...

 

HTMLPrecedent Setting Case: Standard Exclusion in Course of Construction Insurance Policy Interpreted for First Time
Lauren Kristjanson, Grant H. Mayovsky, David Miachika, Christopher J. O'Connor; Borden Ladner Gervais LLP;
Legal Alert/Article
August 29, 2014, previously published on August 25, 2014
Acciona Infrastructure Canada Inc.v. Allianz Global Risks US Insurance Company, 2014 BCSC 1568 ¿ Builders Risk (Course of Construction) Policy; LEG2/96 Defects Exclusion Interpreted; Fortuity and Damage Requirements Clarified

 

HTMLFor Whom the Ring Tones: TCPA Litigation and the Insurance Industry
Thomas M. Byrne, Thomas W. Curvin, Ellen M. Dunn, Juan C. Garcia, Cheryl L. Haas; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated telephone dialing system—or that has independent or...

 


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